Wednesday, June 8, 2011

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My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(

He said end of year for spillover from family. So I understood as September, I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.

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s_r_e_e

07-07 05:39 PM

in thw worst case, if you owe lot of taxes to IRS at the end of the year and no money was paid, you can still pay it along with the next year tax filing . Your payment will include some % penalty.

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ns007

02-13 02:39 PM

One of my friends got his passport back in 6th week.

I would say, be persistent in contacting them. They are not very good at getting back to people - no accountability. Send emails and fax explaining your situation ....twice a day until they reply back.

Hello Friends,

My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.

Thank you,

------------------------ P.S : Yes, I have contributed to IV :)

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Tshelar

08-24 08:57 AM

As far as I know INS cannot look into somebody's tax records without the individual's consent. I am not sure this is even a genuine post. And of course IRS is happy take your taxes, they don't care about the immigration status.

bank_king2003, Thank you for taking time to reply to my questions/concerns. Appreciate it!!

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mrsahaayam

09-02 01:10 PM

Hi there, I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"? 2. Does the port of entry officer sees the arrest even I expunge the case? 3. any other scenarios I might encounter? Any suggestions are highly appreciated Thank you

At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

You mean "AP", not "EAD" to enter into US.

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kshitijnt

10-08 05:13 PM

In US the nice thing about SSA is unemployment and disability security. But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.

In India, the best part is 100% compulsory employer contribution. But Indian PF sucks with rising inflation and lack of accountability.

And we all know how the employers would "Package" their "contribution".

This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.

What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.

There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!! It is completely a difficult situation we are in if we are into any trouble.

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karun99

07-24 11:03 PM

I am also on the same boat. Can anyone please post the links to get all application forms for filing I485/EAD/AP . Thanks in advance.

I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.

Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140? or was it showing I140 approved before and now it's showing pending?

This is my friend's case not mine. This is mentioned when I first described the case. Thanks!

Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.

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milind70

06-21 01:06 PM

my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

1) go outside the country and get a new I 94 2) file i 539 cost around 195 USD

I would also suggest to try the local USCIS office where in they could help is some way.

Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.

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coolstonesa

03-10 05:24 PM

H1B is a work permit and as a dentist she can't work without a license. So H1B can't be filed without a license as she fails to meet minimum requirements to work.

manderson

10-30 09:58 AM

stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

:)

Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

KbK

04-10 06:59 PM

Yes. the provision is already there. You can covert your RIR or non-RIR cases in BPC to PERM without losing priority date, as long as the case is identical

Dear friends Can anyone please give details of this provision...like under which section it is allowed or which website this information is available etc? Thanks